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OLESEN v. TRUST COMPANY OF CHICAGO

No. 12002.

245 F.2d 522 (1957)

Elsa M. OLESEN, Plaintiff-Appellant. v. The TRUST COMPANY OF CHICAGO, as Trustee under Trust Agreement dated March 23, 1945, and known as Trust No. 4526; and A. Kamenjarin and Lafayette Fisher, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 22, 1957.

Attorney(s) appearing for the Case

David B. Perley, Chicago, Ill., for appellant.

Sol A. Hoffman, Maurice L. Davis, Samuel R. Hassen, Chicago, Ill., Branko M. Steiner, Chicago, Ill., for appellees.

Before DUFFY, Chief Judge, and LINDLEY, Circuit Judge.

DUFFY, Chief Judge.

This matter comes before us upon a motion to dismiss the appeal upon the ground that jurisdiction is lacking.

Plaintiff filed a suit against defendants in the Superior Court of Cook County, Illinois. An amended complaint contained a count at law and a count in equity. On plaintiff's motion the equity count was referred to a Master in Chancery and plaintiff offered proofs before the Master.

The equity count asked cancellation of...

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